Page:United States Statutes at Large Volume 94 Part 3.djvu/219

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2863

retired, be retired on the first day of the month after the month in which he completes thirty years of active commissioned service. "§635. Retirement for years of service: regular brigadier generals 10 USC 635. and commodore admirals "Except as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of brigadier general, and each officer of the Regular Navy who holds the regular grade of commodore admiral, who is not on a list of officers recommended for promotion to the regular grade of major general or rear admiral, respectively, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes thirty years of active commissioned service, whichever is later. "§636. Retirement for years of service: regular major generals and rear admirals "Except as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of major general, and each officer of the Regular Navy who holds the regular grade of rear admiral, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on.the first day of the month after the month in which he completes thirty-five years of active commissioned service, whichever is later. "SUBCHAPTER IV—CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY RETIREMENT "Sec. "637. "638. "639. "640.

Selection of regular officers for continuation on active duty. Selective early retirement. Continuation on active duty to complete disciplinary action. Deferment of retirement or separation for medical reasons.

"§637. Selection of regular officers for continuation on active duty "(a)(1) An officer subject to discharge or retirement in accordance Discharge or with section 632 of this title may, subject to the needs of the service, retirement. be continued on active duty if he is selected for continuation on active duty by a selection board convened under section 611(b) of this title. "(2) An officer who holds the regular grade of captain in the Army, Air Force, or Marine Corps, or the regular grade of lieutenant in the Navy, and who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes twenty years of active commissioned service unless he is promoted to the regular grade of major or lieutenant commander, respectively. "(3) An officer who holds the regular grade of major or lieutenant commander who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes twenty-four years of active commissioned service unless he is promoted to the regular grade of lieutenant colonel or commander, respectively.